CLOSED,JMrecused,PRIOR

U.S. District Court
District of New Hampshire (Concord)
CRIMINAL DOCKET FOR CASE #: 1:11-cr-00154-SM-1


Case title: USA v. Hoess
Magistrate judge case number: 1:10-mj-00001-LM

Date Filed: 11/10/2011
Date Terminated: 03/30/2012

Assigned to: Judge Steven J. McAuliffe

Defendant (1)
Lothar Hoess
TERMINATED: 03/30/2012
represented byPeter D. Anderson
McLane Graf Raulerson & Middleton (Manchester)
900 Elm Street
PO Box 326
Manchester, NH 03105
603 625-6464
Email: peter.anderson@mclane.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
31 U.S.C. ยงยง 5314, 5322(a) WILLFUL VIOLATION OF FOREIGN BANK ACCOUNT REPORTING REQUIREMENTS
(1)
Sentenced to 3 years probation with special conditions. Restitution: $2,033,209; Fine: $10,000; Special Assessment: $100. All criminal monetary penalties due on or before December 31, 2012.

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
None

Highest Offense Level (Terminated)
None

Complaints

Disposition
31:5314 and 31:5322(a) FAILURE TO FILE REPORT OF FOREIGN BANK AND FINANCIAL ACCOUNTS


Plaintiff
USA represented byArnold H. Huftalen
US Attorney's Office (NH)
James C. Cleveland Federal Building
53 Pleasant St, 4th Flr
Concord, NH 03301-0001
603 230-2518
Fax: 603 225-1470
Email: arnold.huftalen@usdoj.gov
ATTORNEY TO BE NOTICED

Mark F. Daly
US Dept of Justice - Tax Division (972)
Ben Franklin Station
PO Box 972
Washington, DC 20044
202-616-2245
Email: mark.f.daly@usdoj.gov
ATTORNEY TO BE NOTICED

Michael T. McCormack
US Attorney's Office (NH)
James C Cleveland Federal Bldg
53 Pleasant St, 4th Flr
Concord, NH 03301
603 225-1552
Email: Michael.McCormack2@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
01/11/20101 COMPLAINT signed by Magistrate Judge James R. Muirhead as to Lothar Hoess (1). (Attachments: # 1 Redacted Affidavit) Original document available in clerks office.(kad) Modified on 1/12/2010 to remove "SEALED"(kad). [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/11/20103  MOTION to Seal Case at Level I until defendant is taken into custody by USA as to Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/11/2010 ENDORSED ORDER granting 3 Motion to Seal Case at Level I as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Magistrate Judge James R. Muirhead. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/11/2010  Arrest Warrant Issued as to Lothar Hoess by Magistrate Judge James R. Muirhead. Original warrant and copies to US Marshal and US Probation. (kad) Modified on 1/12/2010 to remove: "SEALED" (kad). [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/2010 Arrest of Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/2010 NOTICE to Attorneys of Record: The case has been unsealed. Defendant taken into custody. All future pleadings shall be filed in accordance with this district's Administrative Procedures for Electronic Case Filing. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/2010 NOTICE OF HEARING as to Lothar Hoess: Initial Appearance set for 1/12/2010 01:30 PM before Judge Joseph N. Laplante. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/20104 NOTICE OF ATTORNEY APPEARANCE: Peter D. Anderson appearing for Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/20105 NOTICE OF ATTORNEY APPEARANCE Mark F. Daly appearing for USA. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 01/12/2010)
01/12/2010 Minute Entry for proceedings held before Judge Joseph N. Laplante: INITIAL APPEARANCE as to Lothar Hoess held on 1/12/2010. Defendant sworn and advised of rights & charges. Defendant released on conditions and waived preliminary exam. Defendant's Austrian Passport surrendered to court. [Deft to post $1,000,000 unsecured PR Bond for release today. Deft to post $500,000 Surety Bond by COB 1/15/2010.] (Tape #2:10) (Govt Atty: Arnold Huftalen, Mark Daly) (Defts Atty: Peter Anderson) (USP: Jodi Gauvin)(Total Hearing Time: :10) (kad) Modified on 6/17/2010 to add text in brackets. (jab). [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/12/20106  WAIVER OF PRELIMINARY HEARING as to Lothar Hoess. Approved by Judge Joseph N. Laplante. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/12/20107 ORDER Setting Conditions of Release as to Lothar Hoess. So Ordered by Judge Joseph N. Laplante. [Defendant to execute a bail bond in the amount of $500,000 on or before COB 1/15/10]. (kad) Modified on 6/17/2010 to add text in brackets. (jab). [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/12/20108 Appearance Bond (unsecured) as to Lothar Hoess in amount of $ $1,000,000.00. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/12/20109 COLLATERAL RECEIPT no. 0272 as to Lothar Hoess for Austian Passport issued to Lothar Hoss c/o Peter Anderson, Esq. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/13/2010 NOTICE OF HEARING as to Lothar Hoess: Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 2/12/2010 09:00 AM before Chief Judge Steven J. McAuliffe. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/13/201010 COLLATERAL RECEIPT no. 0273 as to Lothar Hoess for 1 Walther 9mm (SN 139575), 5 rounds ammo., 2 clips (empty), 1 holster issued to Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/13/201011 Arrest Warrant Returned Executed on 1/12/2010 as to Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 01/13/2010)
01/15/201012 AFFIDAVIT (Anderson, Peter) [1:10-mj-00001-LM] (Entered: 01/15/2010)
01/15/2010 Receipt of FEDWIRE Deposit of $500,000.00 pursuant to condition of release re: 7 Order Setting Conditions of Release [Deposit Number 299657] (jab) [1:10-mj-00001-LM] (Entered: 06/09/2010)
01/29/201013  Assented to MOTION to Extend Time to Indict to April 12, 2010 by USA as to Lothar Hoess. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 01/29/2010)
01/29/2010 ENDORSED ORDER granting 13 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Justo Arenas. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 4/13/2010 09:30 AM before Chief Judge Steven J. McAuliffe. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 2/8/2010. (jab) [1:10-mj-00001-LM] (Entered: 01/29/2010)
02/04/201014 WAIVER of Speedy Trial by Lothar Hoess. (jab) [1:10-mj-00001-LM] (Entered: 02/04/2010)
04/05/201015  Assented to MOTION to Extend Time to Indict to June 12, 2010 by USA as to Lothar Hoess. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 04/05/2010)
04/06/2010 ENDORSED ORDER granting 15 Motion to Extend Time to Indict to June 12, 2010 as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Chief Judge Steven J. McAuliffe. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 6/14/2010 11:30 AM before Chief Judge Steven J. McAuliffe. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 4/16/2010 for filing Waiver of Speedy Trial. (jab) [1:10-mj-00001-LM] (Entered: 04/07/2010)
06/09/201016  Assented to MOTION to Extend Time to Indict to 07/28/2010 by USA as to Lothar Hoess. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 06/09/2010)
06/10/2010 ENDORSED ORDER granting 16 Motion to Extend Time to Indict to 7/28/2010 as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Chief Judge Steven J. McAuliffe. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 7/30/2010 01:30 PM before Chief Judge Steven J. McAuliffe. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 6/21/2010 for filing waiver of speedy trial. (jab) [1:10-mj-00001-LM] (Entered: 06/10/2010)
06/17/2010 Case as to Lothar Hoess reassigned to Magistrate Judge Landya B. McCafferty. Reason for Reassignment: Magistrate Judge McCafferty is not recused from participating in this magistrate judge case. (jab) [1:10-mj-00001-LM] (Entered: 06/17/2010)
06/24/201017 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 06/25/2010)
07/28/201018  Assented to MOTION to Extend Time to Indict to 09/29/2010 by USA as to Lothar Hoess. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 07/28/2010)
07/28/2010 ENDORSED ORDER granting 18 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 9/30/2010 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 8/9/2010. (kad) [1:10-mj-00001-LM] (Entered: 07/28/2010)
08/18/201019 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 08/18/2010)
09/28/201020  Assented to MOTION to Extend Time to Indict to 11/26/2010 by USA as to Lothar Hoess. Certain exhibit(s) maintained conventionally in Clerks Office. (Attorney filers must submit conventional materials to the court within 72 hours.) (Daly, Mark) [1:10-mj-00001-LM] (Entered: 09/28/2010)
09/28/2010 ENDORSED ORDER granting 20 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 11/29/2010 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 10/8/2010. (kad) [1:10-mj-00001-LM] (Entered: 09/28/2010)
10/22/201021 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 10/25/2010)
11/23/201022  Assented to MOTION to Extend Time to Indict to January 27, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 11/23/2010)
11/23/2010 ENDORSED ORDER granting 22 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 1/28/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 12/3/2010. (ko) [1:10-mj-00001-LM] (Entered: 11/24/2010)
12/03/201023 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 12/03/2010)
12/22/201024  Assented to MOTION to Modify Conditions of Release by Lothar Hoess. (Anderson, Peter) [1:10-mj-00001-LM] (Entered: 12/22/2010)
12/22/2010 ENDORSED ORDER granting 24 Motion to Modify Conditions of Release as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Magistrate Judge Daniel J. Lynch. (kad) [1:10-mj-00001-LM] (Entered: 12/27/2010)
12/29/201025 RECEIPT for Collateral returned as to Lothar Hoess re: 9 Collateral Receipt Received by c/o Peter Anderson. (kad) [1:10-mj-00001-LM] (Entered: 12/29/2010)
01/27/201126  Assented to MOTION to Extend Time to Indict to March 4, 2011 by USA as to Lothar Hoess. (Daly, Mark) [1:10-mj-00001-LM] (Entered: 01/27/2011)
01/27/2011 ENDORSED ORDER granting 26 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 3/7/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 2/7/2011. (kad) [1:10-mj-00001-LM] (Entered: 01/27/2011)
02/14/201127 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 02/15/2011)
03/02/201128  Assented to MOTION to Extend Time to Indict to April 8, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 03/02/2011)
03/03/2011 ENDORSED ORDER granting 28 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 4/11/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Notice of Compliance Deadline set for 3/14/2011. (kad) [1:10-mj-00001-LM] (Entered: 03/04/2011)
03/28/201129 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 03/28/2011)
04/08/201130  Assented to MOTION to Extend Time to Indict to May 19, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 04/08/2011)
04/08/2011 ENDORSED ORDER granting 30 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 5/20/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 4/18/2011. (kad) [1:10-mj-00001-LM] (Entered: 04/08/2011)
04/12/201131 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 04/12/2011)
05/19/201132  Assented to MOTION to Extend Time to Indict to June 23, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 05/19/2011)
05/19/2011 ENDORSED ORDER granting 32 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 6/24/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 5/31/2011. (kad) [1:10-mj-00001-LM] (Entered: 05/19/2011)
05/27/201133 Limited WAIVER of Speedy Trial by Lothar Hoess. (ko) [1:10-mj-00001-LM] (Entered: 05/31/2011)
06/22/201134  Assented to MOTION to Extend Time to Indict to July 22, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 06/22/2011)
06/22/2011 ENDORSED ORDER granting 34 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 7/25/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 7/5/2011. (kad) [1:10-mj-00001-LM] (Entered: 06/23/2011)
06/28/201135 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 06/29/2011)
07/20/201136  Assented to MOTION to Extend Time to Indict to August 25, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 07/20/2011)
07/22/2011 ENDORSED ORDER granting 36 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 8/26/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 8/1/2011. (kad) [1:10-mj-00001-LM] (Entered: 07/22/2011)
07/25/201137 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 07/26/2011)
08/19/201138  Assented to MOTION to Extend Time to Indict to September 29, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 08/19/2011)
08/22/2011 ENDORSED ORDER granting 38 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 9/30/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 9/1/2011. (kad) [1:10-mj-00001-LM] (Entered: 08/22/2011)
08/26/201139 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 08/26/2011)
09/29/201140  Assented to MOTION to Extend Time to Indict to October 31, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 09/29/2011)
09/30/2011 ENDORSED ORDER granting 40 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 11/1/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 10/11/2011. (kad) [1:10-mj-00001-LM] (Entered: 10/03/2011)
10/05/201141 WAIVER of Speedy Trial by Lothar Hoess. (kad) [1:10-mj-00001-LM] (Entered: 10/05/2011)
10/31/201142  Assented to MOTION to Extend Time to Indict to December 2, 2011 by USA as to Lothar Hoess. (Huftalen, Arnold) [1:10-mj-00001-LM] (Entered: 10/31/2011)
10/31/2011 ENDORSED ORDER granting 42 Motion to Extend Time to Indict as to Lothar Hoess (1). Text of Order: Granted in the interest of justice because it is in the mutual interest of the parties to have additional time to seek a pre-indictment resolution of the case and in the public interest to conserve the grand jury and judicial resources. Defense counsel is ordered to file a speedy trial waiver with respect to this continuance within ten (10) days or a show cause hearing will be promptly scheduled. So Ordered by Magistrate Judge Landya B. McCafferty. Show Cause Hearing re: Indictment and compliance with 18:3161(b) is set for 12/5/2011 09:00 AM before Magistrate Judge Landya B. McCafferty. HEARING WILL NOT BE NECESSARY IF MOTION TO EXTEND GRANTED OR INDICTMENT RETURNED PRIOR TO HEARING DATE. Waiver of Speedy Trial due 11/10/2011. (kad) [1:10-mj-00001-LM] (Entered: 11/01/2011)
11/10/201143 INFORMATION as to Lothar Hoess (1) Count 1. Original document available in clerks office.(jab) (Entered: 11/15/2011)
11/10/201144 PLEA AGREEMENT as to Lothar Hoess. (jab) (Entered: 11/15/2011)
11/10/201145 Praecipe for Summons by USA as to Lothar Hoess. (jab) (Entered: 11/17/2011)
11/15/2011 Summons Issued as to Lothar Hoess. Initial Appearance and Waiver & Plea Hearing set for 11/30/2011 02:00 PM before Judge Steven J. McAuliffe. (jab) (Entered: 11/15/2011)
11/17/201146 Summons Returned Executed on 11/16/2011 as to Lothar Hoess. (jab) (Entered: 11/18/2011)
11/30/201147 WAIVER OF INDICTMENT by Lothar Hoess. (jab) (Entered: 11/30/2011)
11/30/2011 Minute Entry for proceedings held before Judge Steven J. McAuliffe: WAIVER OF INDICTMENT/PLEA TO INFORMATION HEARING held on 11/30/2011 as to Lothar Hoess (1): Defendant sworn and advised of rights/charge(s). Waiver of Indictment form executed. No objection to offer of proof. Defendant entered a guilty plea to Count 1. Court accepts guilty plea. Defendant continues to be released on conditions as previously set. (Court Reporter: Sandra Bailey) (Govt Atty: Seth Aframe, Mark Daly) (Defts Atty: Peter Anderson) (USP: Sean Buckley)(Total Hearing Time: 26 minutes) (jab) (Entered: 11/30/2011)
11/30/2011 NOTICE OF HEARING as to Lothar Hoess. Sentencing set for 3/2/2012 11:00 AM before Judge Steven J. McAuliffe.The court has allotted 1 hour for the hearing. Please contact the court immediately if you anticipate the hearing will exceed the allotted time. (jab) (Entered: 11/30/2011)
02/10/201249  Assented to MOTION to Continue Sentencing by USA as to Lothar Hoess. (pleading contains incorrect title, see attached corrected motion.) (Daly, Mark) (Additional attachment(s) added on 2/12/2012: # 1 Corrected Copy of Motion) (jab). (Entered: 02/10/2012)
02/12/2012 ENDORSED ORDER granting 49 Assented to MOTION to Continue Sentencing as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. Sentencing reset for 3/29/2012 03:00 PM before Judge Steven J. McAuliffe.The court has allotted 1 hour for the hearing. Please contact the court immediately if you anticipate the hearing will exceed the allotted time. Any motion seeking a departure or variance, as well as any sentencing memorandum, shall be filed 10 days prior to the sentencing date. Any response shall be filed 4 days prior to sentencing date.(jab) (Entered: 02/13/2012)
03/19/201250  Assented to MOTION to Seal Document Unredacted Sentencing Memorandum at Level I by Lothar Hoess. (Anderson, Peter) (Entered: 03/19/2012)
03/19/201251 SENTENCING MEMORANDUM (redacted) by Lothar Hoess. (Attachments: # 1 Exhibit A-J)(Anderson, Peter) (Entered: 03/19/2012)
03/20/2012 ENDORSED ORDER granting 50 Assented to Motion to Seal 52 Defendant's Unredacted Sentencing Memorandum at Level I as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. [Sealed Document deadline 3/20/2013.] (jab) (Entered: 03/21/2012)
03/26/2012 RESCHEDULING NOTICE OF HEARING as to Lothar Hoess. Sentencing rescheduled for 1:30 p.m. on 3/29/2012 before Judge Steven J. McAuliffe.The court has allotted 1 hour for the hearing. Please contact the court immediately if you anticipate the hearing will exceed the allotted time. Any motion seeking a departure or variance, as well as any sentencing memorandum, shall be filed 10 days prior to the sentencing date. Any response shall be filed 4 days prior to sentencing date.(jab) (Entered: 03/26/2012)
03/29/2012 Minute Entry for proceedings held before Judge Steven J. McAuliffe: SENTENCING held on 3/29/2012 for Lothar Hoess (1) Sentenced on Count 1. Defendant heard on motion. USA heard on recommendations. Sentenced imposed. No objections. Defendant advised of appeal rights. (Court Reporter: Diane Churas) (Govt Atty: Mark Daly and Arnold Huftalen) (Defts Atty: Peter Anderson) (USP: Sean Buckley)(Total Hearing Time: 0:30) (vln) (Entered: 03/29/2012)
03/29/201257 RECEIPT for Collateral returned as to Lothar Hoess re: 10 COLLATERAL RECEIPT no. 0273 as to Lothar Hoess for 1 Walther 9mm (SN 139575), 5 rounds ammo., 2 clips (empty), 1 holster issued to Lothar Hoess.

Received by Sean Hoess.

(Attachments: # 1 Designation for Release of Firearms, # 2 Exhibit (Affidavit) Sean Hoess)(vln) (Entered: 03/29/2012)

03/29/201258 ORDER re: Return of Posted Collateral as to 10 COLLATERAL RECEIPT no. 0273 as to Lothar Hoess for 1 Walther 9mm (SN 139575), 5 rounds ammo., 2 clips (empty), 1 holster issued to Lothar Hoess. So Ordered by Judge Steven J. McAuliffe. (vln) (Entered: 03/29/2012)
03/29/201259 ORDER re: Return of Posted Collateral. The Clerk is directed to return the $500,000 deposited on January 15, 2010 in the form of a Treasury Check. So Ordered by Judge Steven J. McAuliffe. (vln) (Entered: 03/29/2012)
03/29/201260 EXHIBIT LIST by Lothar Hoess as to Lothar Hoess. (vln) (Entered: 03/29/2012)
03/30/201261 JUDGMENT as to Lothar Hoess (1), Count(s) 1, Sentenced to 3 years probation with special conditions. Restitution: $2,033,209; Fine: $10,000; Special Assessment: $100. All criminal monetary penalties due on or before December 31, 2012. So Ordered by Judge Steven J. McAuliffe. (vln) (Entered: 03/30/2012)
05/01/201262 SATISFACTION OF JUDGMENT by USA as to Lothar Hoess (McCormack, Michael) (Entered: 05/01/2012)
02/14/201363  Assented to MOTION for Early Termination of Probation by Lothar Hoess. (Anderson, Peter) (Entered: 02/14/2013)
02/21/2013 ENDORSED ORDER granting 63 Assented To Motion for Early Termination of Probation as to Lothar Hoess (1). Text of Order: Granted. So Ordered by Judge Steven J. McAuliffe. (jab) (Entered: 02/21/2013)
04/08/201564 TRANSCRIPT of Proceedings as to Lothar Hoess for Sentencing Hearing held on March 29, 2012. Court Reporter: Diane Churas, Telephone # 603 225-1442. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.

NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request.

Redaction Request Follow Up 5/4/2015. Redacted Transcript Follow Up 5/14/2015. Release of Transcript Restriction set for 7/6/2015. (jbw) (Entered: 04/08/2015)

09/02/2015 File located at National Archives and Records Administration (NARA), Waltham, MA. ARCIS Transfer # PT-021-2015-0851, Box No. 4. (lml) (Entered: 09/02/2015)


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